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201400400 (iv) sell for cash or upon credit the Mortgaged Property or any part thereof and all estate, claim, demand, right, title and interest of Borrower therein and rights of redemption thereof, pursuant to power of sale or otherwise, at one or more sales, as an entity or in parcels, at such time and place, upon such terms and after such notice thereof as may be required or permitted by law; (v) institute an action, suit or proceeding in equity for the specific performance of any covenant, condition or agreement contained herein or in the Note; (vi) subject to paragraph 51 hereof, recover judgment on the Note either before, during or after any proceedings for the enforcement of this Security Instrument; (vii) subject to Lessee's rights under the Lease (if still in effect) apply for the appointment of a trustee, receiver, liquidator or conservator of the Mortgaged Property, without notice and without regard for the adequacy of the security for the Debt and without regard for the solvency of the Borrower, any guarantor or of any person, firm or other entity liable for the payment of the Debt; except as otherwise provided by law, (1) Borrower hereby irrevocably consents to such appointments and waives notice of any application therefore and (2) any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided below in paragraph 25(a)(viii) and shall continue as receiver, and exercise all such powers, until the date of confirmation of sale of the Mortgaged Property, unless such receivership is sooner terminated. This Deed of Trust is hereby modified with reference to Section 8.01 -592 of the Virginia Code pursuant to which a special receiver may be appointed on an ex parte basis upon the occurrence of certain exigent circumstances. This appointment limited to thirty (30) days. Beneficiary may apply to extend the special receivership for longer than the original thirty (30) days upon notice and motion filed for a de novo hearing at which shall be determined the motion to extend; (viii) subject to Lessee's rights under the Lease (if still in effect and provided that no Lease Default then exists), enter into or upon the Mortgaged Property, either personally or by its agents, servicers, nominees or attorneys and dispossess Borrower and its agents and servants therefrom, and thereupon Lender (or any receiver appointed pursuant to paragraph (vii) above) may do or permit one or more of the following, successively or concurrently: (a) enter upon and take possession and control of any and all of the Mortgaged Property; (b) take and maintain possession of all documents, books, records, papers and accounts relating - 141 -